Indonesian Journal of Agrarian Law
type: channel
description: The Indonesian Journal of Agrarian Law (ISSN 3110-6633), published by the Faculty of Law, Universitas Negeri Semarang, is a distinguished platform dedicated to the exploration, analysis, and discourse on key issues related to agrarian law in Indonesia and its global implications. This journal emphasizes the intersection of legal frameworks with agrarian practices, aiming to advance understanding and propose solutions for contemporary challenges in land governance, reform, and rural development. We invite original research, theoretical insights, and policy analyses that address a broad spectrum of topics within the domain of agrarian law, including but not limited to: Land tenure and land use rights Agrarian reform policies and their socio-economic impacts Indigenous land rights and customary law Environmental sustainability within agrarian legal contexts The role of agrarian law in food security and rural development Land conflicts, dispute resolution, and land-based human rights The legal aspects of agricultural investment and land commodification Comparative studies of agrarian law in Southeast Asia Through rigorous scholarship, the journal strives to foster a deeper understanding of how legal systems shape agrarian structures, empower marginalized communities, and promote sustainable agricultural practices. As a vital contribution to legal scholarship, the Indonesian Journal of Agrarian Law serves as a critical voice in the ongoing discussion about harmonizing legal frameworks with the needs and aspirations of rural populations and the environment.
publisher: Universitas Negeri Semarang
language: en
publication name: Indonesian Journal of Agrarian Law
issn: 3110-6633
copyright: All articles published in the Indonesian Journal of Agrarian Law are made available under the Creative Commons Attribution 4.0 International License (CC BY 4.0). By submitting a manuscript to the journal, authors agree to the terms outlined below regarding the distribution, use, and sharing of their work.
items: Illegal Mining and Regional Spatial Plan Violations (A Case Study of Kedungmalang Village, Batang Regency)
items: Implementation of Ecological Function Regulations for Green Open Space at Alun-Alun Bung Karno as a Public Green Open Space in Semarang Regency
items: Suitability of Space Utilization in the Tawangmangu Regency Tourism Area Based on the Regional Spatial Plan
items: https://journal.unnes.ac.id/journals/jal/article/view/44322
items: Legal Responsibility Of Land Use Rights Holders For Land Conversation That Violates The Social Function Of Land Rights
items: Effectiveness Of The Implementation Of The Policy On The Use Of The Ciledug Road Sidewalk In Garut Regency As Urban Space
items: Utilization of Abandoned Land under Government Regulation Number 48 of 2025 and Its Implications for Agrarian Reform
items: https://journal.unnes.ac.id/journals/jal/article/view/44281
items: Implementation of Financing for Complete Systematic Land Registration (PTSL) Program in Sidayu Village, Batang Regency
items: The Effectiveness of Supervision by the Environmental and Forestry Agency of Central Java Province over the Rowosari Final Disposal Site from the Perspective of Agrarian Reform
items: Legal Analysis of Inconsistencies in the Usage Rights Period Norms for Foreign Nationals in the UUPA & PP Number 18/2021
items: Letter C-Based Land Rights Verification in the Implementation of PTSL in Patemon Village
items: Legal Resolution of the Land Dispute over Former Recht Van Eigendom of Taman Sriwedari Surakarta and the Solo City Government
items: Analysis of the Application Principle of Horizontal Separation in Jakarta LRT 1B Project: A Legal Review
items: Effectiveness of Controlling Agricultural Land Conversion in the Puncak Tourism Area of Cisarua Subdistrict by the Bogor Regency National Land Agency from a Spatial Planning Law Perspective
items: Transisi dari Administrasi Pertanahan Tradisional ke Digital di Ponorogo
items: The Effectiveness of Agrarian Reform Policy in Improving the Welfare of Farmers in Beji Village, Gunungkidul
items: From Sprawl to Sky: Legal Barriers to Affordable Vertical Housing Amid Landed Home Preferences in Semarang
items: Strata Title in Practice: Legal Review of Apartment Ownership in Pekalongan Under Law No. 20 of 2011
items: Vertical Housing for the Poor: Case Study of Kudu Block H Rusunawa in Semarang
items: Can Public Flats Bridge the Gap? Housing Solutions for Low-Income Residents in Brebes
items: Agrarian Reform as Housing Justice: Transforming Land for Equitable Flat Access in Cirebon
items: Broken Promises in Public Housing: Analyzing Functional Failure of Juwana Rusunawa, Pati
items: Public Flats for the Poor? Legal Review of Cingised Rusunawa’s Effectiveness in Bandung
items: Unfulfilled Promises: Analyzing Delayed Strata Title Certificates Under Indonesia’s Apartment Law in Surabaya
items: Industrial Growth, Housing Gaps: Assessing Flat Needs for Workers (Case of Pringapus, Indonesia)
items: Who Owns What? Legal Analysis of Unit Ownership in Solo Urbana Residence under Indonesian Land Law
items: Securing the Right to Housing: Legal Review of Rusunawa on Local Government Land in Brebes
items: State Land, Private Homes: Legal Implications of Public Apartment Ownership in Bandung
items: Demolished and Displaced: Legal Protection for Flat Owners in Uninhabitable Buildings, West Jakarta

Illegal Mining and Regional Spatial Plan Violations (A Case Study of Kedungmalang Village, Batang Regency)
type: item
description: Spatial planning is a fundamental instrument in regulating land use. To maximize the utilization and function of land, the Regional Spatial Plan (RTRW) was established as a tool to maintain spatial balance. Activities that are inconsistent with the intended use and function of the land can disrupt this balance and indicate poor governance. Illegal mining practices in Kedungmalang Village, located along the riverbank, constitute violations of spatial planning regulations and administrative offenses. This study aims to analyze these mining violations in relation to the Batang Regency RTRW and to assess the effectiveness of the local government’s law enforcement. The methodology employed in this study is a normative-empirical legal approach. The normative analysis was conducted through a literature review of relevant regulations. Subsequently, the empirical approach was conducted through field observations and in-depth interviews with various relevant parties. The data obtained were then analyzed using descriptive-qualitative methods to identify the gap between legal norms and actual practices on the ground. The research findings reveal multidimensional violations of regulations regarding spatial planning, permitting, and environmental protection. Furthermore, the effectiveness of law enforcement regarding spatial planning protection remains limited. This study comprehensively examines the inconsistencies between illegal mining practices and RTRW provisions, as well as the effectiveness of law enforcement. Consequently, this research underscores the urgency of synchronizing spatial planning regulations at both the central and regional levels. Furthermore, effective oversight and the consistent application of legal sanctions are also necessary to ensure the sustainability of spatial planning.
subject: Articles
  topic: section
subject: RTRW; Spatial Planning; Illegal Mining; Land Use
  topic: keywords
creator: Eza Kamelia
rights: Copyright (c) 2026 Eza Kamelia (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-20
publication date: 2026-03-20
starting page: 855
ending page: 897
doi: 10.15294/jal.v3i1.45553

Implementation of Ecological Function Regulations for Green Open Space at Alun-Alun Bung Karno as a Public Green Open Space in Semarang Regency
type: item
description: The provision of Green Open Space (RTH) is a legal obligation in urban spatial planning based on Undang-Undang Nomor 26 Tahun 2007, which requires a minimum allocation of 30% of the total urban area for RTH, with at least 20% designated as public RTH. Alun-alun Bung Karno in Kabupaten Semarang, as a form of public RTH in the shape of an intensive urban park. Its physical implementation shows inconsistencies with the ecological function provisions as regulated in Peraturan Menteri ATR/BPN Nomor 14 Tahun 2022 and Peraturan Daerah Kabupaten Semarang Nomor 6 Tahun 2023. This study aims to analyze the gap in the implementation of ecological functions of RTH at alun-alun Bung Karno through a normative–empirical juridical approach, using data collection methods such as regulatory document studies, field observations, and interviews with policy stakeholders. The findings reveal, the dominance of impermeable asphalt surfaces in non-green coverage areas exceeds the permitted limit of 15%, thereby hindering rainwater infiltration and reducing the role of RTH as a water absorption zone and microclimate regulator. These findings indicate a tension between the fulfillment of extrinsic functions (social-economic purposes) and the legal obligation to maintain intrinsic functions (ecological purposes). The contribution of this research lies in identifying gaps in spatial planning law enforcement in the management of public RTH, as well as recommending strengthened monitoring mechanisms based on community participation and the implementation of administrative sanctions to achieve harmonization of RTH functions in line with sustainable development principles and the commitments of SDGs 11 and 13.
subject: Articles
  topic: section
subject: Green Open Space; Ecological Function; Spatial Planning Law; Impermeable Materials; Alun-Alun Bung Karno
  topic: keywords
creator: Nabila Nur Safitri
rights: Copyright (c) 2026 Nabila Nur Safitri (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-31
publication date: 2026-03-31
starting page: 898
ending page: 936
doi: 10.15294/jal.v3i1.45391

Suitability of Space Utilization in the Tawangmangu Regency Tourism Area Based on the Regional Spatial Plan
type: item
description: Spatial planning functions as a regulatory instrument to ensure orderly and sustainable use of space. This study aims to evaluate the effectiveness of controlling the use of space in the tourism area of Tawangmangu Regency using the perspective of legal theory of Lawrence M. Friedman which divides the legal system into three components: legal substance, legal structure, and legal culture. This research is an empirical research with a qualitative method supported by spatial analysis through an overlay technique between the spatial pattern map of the RTRW and the distribution of the coordinate points of accommodation facilities. The results of the study show that from the aspect of legal substance, Karanganyar Regency has comprehensive spatial regulations through Regional Regulation Number 1 of 2013 jo. Number 19 of 2019. In terms of legal structure, the overlay analysis revealed that of the 170 units of accommodation facilities, 142 units (83.5%) were in the appropriate zone, but 28 units (16.5%) were still found in dryland agricultural zones and protected areas. The interview confirmed that permit verification and field supervision have not been running optimally. From the aspect of legal culture, investment decisions are based more on economic considerations (proximity to tourist attractions) than compliance with RTRW zoning. This study concludes that the effectiveness of controlling the use of space requires the simultaneous strengthening of three components of the legal system: enhancement of substance, optimization of structure through spatial-based supervision, and transformation of legal culture through consistent enforcement of sanctions.
subject: Articles
  topic: section
subject: Spatial Planning; tourism areas; space control; RTRW; Land Use Change
  topic: keywords
creator: Vidiawati Nur Hasanah
rights: Copyright (c) 2026 Vidiawati Nur Hasanah (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-19
publication date: 2026-03-19
starting page: 766
ending page: 807
doi: 10.15294/jal.v3i1.44897

https://journal.unnes.ac.id/journals/jal/article/view/44322
type: item
title: The Effectiveness of the Implementation of the Regulation of the Minister of ATR/BPN No. 18 of 2021 in the Process of Increasing the Use Rights to the Building Rights (Study at the Cirebon City Land Office)
description: Land administration reform through the Ministerial Regulation of ATR/BPN Number 18 of 2021 directed to build a mechanism for determining and changing land rights that is integrated, efficient, and guarantees legal certainty. One form of strategic change of rights is the increase of the Right of Use to the Right to Use (HGB), which has significant implications for the optimization of the economic value of land assets. This study aims to examine the effectiveness of the implementation of the Minister of ATR/BPN Regulation No. 18 of 2021 in the process of increasing the Right of Use to become HGB at the Cirebon City Land Office. The method used is empirical juridical with descriptive-analytical specifications through interviews, document studies, and the study of laws and regulations and scientific literature. The results of the study show that normatively and procedurally, regulations have been implemented in accordance with the applicable legal framework, reflecting the effectiveness of the substance and implementation structure aspects. Simultaneous mechanisms, physical and juridical data research, and service operational standards run consistently without administrative irregularities. Although one of the applications for the increase of procedural rights did not reach the finalization stage, this condition reflects more the dynamics of fulfilling continued administrative obligations than the weaknesses of the regulations. Thus, the Minister of ATR/BPN Regulation No. 18 of 2021 can be considered effective in its normative and administrative scope, while the effectiveness of its practice is still influenced by external factors that are outside the boundaries of land regulation regulation.
subject: Articles
  topic: section
subject: Implementation Effectiveness; Land; Improvement of Rights; Right of Use; Building Use Rights
  topic: keywords
creator: Ruth Elita Gultom
rights: Copyright (c) 2026 Ruth Elita Gultom (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-08
publication date: 2026-03-08
starting page: 597
ending page: 647
doi: 10.15294/jal.v3i1.44322

Legal Responsibility Of Land Use Rights Holders For Land Conversation That Violates The Social Function Of Land Rights
type: item
description: This study aims to examine in depth how positive agrarian law qualifies the conversion of land use rights (HGU) that violate the social function of land rights. In addition, this study also aims to formulate an ideal legal accountability model for HGU holders in order to uphold social functions and prevent public losses. A normative juridical method was used in this study, which included a statute approach, a conceptual approach, and an analytical approach. The data sources consisted of primary, secondary, and tertiary legal materials, and the analysis was conducted qualitatively and prescriptively. The results of the study show that the conversion of HGU land, whether through active actions or negligence in supervision, causes environmental damage and public losses. This can be considered a violation of the social function of land rights, as stipulated in Article 6 of the UUPA and reinforced by PP No. 18 of 2021 and PP No. 20 of 2021. However, current law enforcement often stops at administrative sanctions without adequate recovery mechanisms. Therefore, a substantive accountability model is needed that includes compensation and environmental restoration mechanisms as well as administrative sanctions for revocation of rights.
subject: Articles
  topic: section
subject: Land Use Rights, Social Function of Land, Land Use Conversion, Legal Accountability.
  topic: keywords
creator: Rachmah Fauziah
rights: Copyright (c) 2026 Rachmah Fauziah (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-06
publication date: 2026-03-06
starting page: 525
ending page: 564
doi: 10.15294/jal.v3i1.44308

Effectiveness Of The Implementation Of The Policy On The Use Of The Ciledug Road Sidewalk In Garut Regency As Urban Space
type: item
description: Urban development is fundamentally linked to the issue of space. As the population grows and community activities increase, the need for space also increases. As a result, urban spaces become increasingly crowded as they accommodate various human activities, including sidewalks. On CiledugStreet in Garut Regency, sidewalks that are supposed to be used by pedestrians are also used for economic activities and other purposes. This study aims to analyze the effectiveness of the implementation of sidewalk use policies and identify the factors that influence them, through qualitative research methods with empirical legal analysis, using a legislative approach and a case approach that aims to understand how the law works in the practice of urban space utilization, particularly in relation to the use of sidewalks on Ciledug Road in Garut Regency. The data in this study were obtained through primary and secondary data. Primary data were collected through in-depth interviews with the Garut Regency Civil Service Police Unit as the authority in charge of supervising and regulating space utilization, as well as with the Ciledug Road users who are directly affected by sidewalk use. The results of the study show that policy implementation has not been effective due to inconsistent supervision, limited coordination, and the economic needs of the community that influence the use of space. This study contributes to broadening the understanding that the effectiveness of urban space policies is not only measured by compliance with regulations, but also by the ability of these policies to adapt to social realities.
subject: Articles
  topic: section
subject: Policy implementation, Sidewalks, Urban space, Street vendors, Spatial planning law.
  topic: keywords
creator: Syakira Firdaus
rights: Copyright (c) 2026 Syakira Firdaus (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-10
publication date: 2026-03-10
starting page: 691
ending page: 727
doi: 10.15294/jal.v3i1.44427

Utilization of Abandoned Land under Government Regulation Number 48 of 2025 and Its Implications for Agrarian Reform
type: item
description: Land inequality in Indonesia remains a persistent structural issue, even as the government strengthens its policy on the control and utilization of abandoned land through Government Regulation No. 48 of 2025. This regulation authorizes the use of State Reserve Land (Tanah Cadangan Umum Negara/TCUN) for various purposes, including agrarian reform and national strategic projects, yet it does not establish a clear order of priority. The absence of such prioritization raises concerns about the direction of national agrarian policy and its consistency with the objective of equitable land distribution. This study examines the regulation of abandoned land utilization under Government Regulation No. 48 of 2025 from the perspective of legal certainty and evaluates its implications for the implementation of agrarian reform as mandated by Presidential Regulation No. 62 of 2023. Employing a normative juridical method, the research applies statutory, conceptual, and historical approaches, with qualitative analysis based on systematic interpretation of relevant legal norms. The findings indicate that although agrarian reform is formally recognized as one of the objectives of TCUN utilization, the regulation lacks explicit normative safeguards to prioritize land redistribution amid persistent inequality. Broad administrative discretion in the transfer and allocation of land creates potential uncertainty in policy orientation. This study underscores the need for stronger normative integration between the abandoned land regime and agrarian reform policy to ensure that state land management advances social justice. Clear prioritization within TCUN utilization is essential to uphold the social function of land and the constitutional mandate of equitable distribution.
subject: Articles
  topic: section
subject: Abandoned Land; Government Regulation No. 48 of 2025; Agrarian Reform; Legal Certainty; Land Utilization.
  topic: keywords
creator: Vedya Marchindy Andea
rights: Copyright (c) 2026 Vedya Marchindy Andea (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-03
publication date: 2026-03-03
starting page: 379
ending page: 428
doi: 10.15294/jal.v3i1.44463

https://journal.unnes.ac.id/journals/jal/article/view/44281
type: item
title: The Role of the Central Java Provincial Public Housing and Settlement Area Office in the Preparation Stage of Land Acquisition for the Construction of the Bawen-Yogyakarta Toll Road in Semarang Regency
description: This study examines the role of the Central Java Provincial Public Housing and Settlement Area Office (Disperakim) in the preparation stage for land acquisition for the construction of the Bawen–Yogyakarta Toll Road in Semarang Regency, as well as its legal impact on the rights of affected communities. Using an empirical juridical approach with a descriptive qualitative method that compares das sein and das sollen through interviews, document studies, and field observations. The results of the study show that the Disperakim is positioned as the secretary of the Preparation Team based on Law No. 2 of 2012 and Government Regulation No. 19 of 2021 jo. PP No. 39 of 2023, with strategic functions including notification of development plans, initial data collection, facilitation of public consultations, as well as preparation of location determination and location concept documents to the Governor. In the field, the Disperakim faced the challenge of the gap in public understanding and differences in land ownership status, but no formal objections or legal disputes were found. The public's right to information, participation, and procedurally appropriate compensation has been fulfilled. This study concludes that the role of the Disperakim is integrative-coordinating as the main facilitator who ensures procedural order and legality of the land acquisition process, not through an exclusive task that stands alone.
subject: Articles
  topic: section
subject: The Role of Government Agencies, Disperakim, Preparation Stage, Land Acquisition.
  topic: keywords
creator: Priska Aulia Anggraeni
rights: Copyright (c) 2026 Priska Aulia Anggraeni (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-19
publication date: 2026-03-19
starting page: 808
ending page: 854
doi: 10.15294/jal.v3i1.44281

Implementation of Financing for Complete Systematic Land Registration (PTSL) Program in Sidayu Village, Batang Regency
type: item
description: A national project called the Complete Systematic Land Registration Program (PTSL) aims to provide legal certainty to the general public regarding their land rights. Its implementation at the village level is often hampered by funding issues that are not aligned with central regulations. The purpose of this study is to examine how PTSL funding is carried out in Sidayu Village, Batang Regency, and to identify the factors that influence the calculation of charges above the normative standard. The research method used was descriptive qualitative with a juridical-empirical approach. Primary data were obtained through interviews with 17 informants from village government elements, the Batang Regency Land Office, and the community. Secondary data were collected through documentary studies of regulations, internal committee documents, as well as program achievement data from the Batang Regency Land Office for 2022–2025. The study found a disparity in the PTSL preparation costs in Sidayu Village of IDR 350,000, exceeding the maximum limit of IDR 150,000 set in the 2017 Joint Regulation of 3 Ministers. This practice is influenced by the absence of a Regent Regulation, the topographical conditions of the area, and high field operational costs. The implication is that the principle of legal certainty is weakened because the determination of costs is only based on informal agreements without a valid regional legal basis. It is recommended that the Batang Regency Government immediately issue a Regent Regulation to provide legal legitimacy, transparency, and legal protection for both implementers and program participants.
subject: Articles
  topic: section
subject: PTSL; Pembiayaan Desa; Kepastian Hukum; Pungutan Liar; Agraria
  topic: keywords
creator: Wahyu Putri Handayani
rights: Copyright (c) 2026 Wahyu Putri Handayani (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-03
publication date: 2026-03-03
starting page: 429
ending page: 464
doi: 10.15294/jal.v3i1.44224

The Effectiveness of Supervision by the Environmental and Forestry Agency of Central Java Province over the Rowosari Final Disposal Site from the Perspective of Agrarian Reform
type: item
description: This study examines the effectiveness of supervision conducted by the Environmental and Forestry Agency (DLHK) of Central Java Province over the illegal Rowosari Final Disposal Site (TPA) from the perspective of agrarian reform. The study aims to analyze the effectiveness of DLHK’s supervision and to identify the structural factors contributing to the continued operation of the illegal landfill.Using a qualitative empirical legal approach, this research combines an analysis of law in books with law in action. Data were collected through interviews, observations, and document analysis of DLHK policies and agrarian reform regulations.The findings reveal that DLHK’s supervision has not been effective, as indicated by the limited number of skilled human resources, insufficient operational budget, weak inter-agency coordination (between Provincial and Regency DLHK, the Prosecutor’s Office, and the Police), and the lack of firm enforcement measures. Agrarian reform factors further complicate resolution efforts due to conflicts over land ownership status between private rights and the social function of land, compounded by resistance from local communities managing the landfill who claim livelihood rights. The study concludes that integrated supervisory reform is necessary, including the establishment of a cross-agency Illegal Landfill Task Force; strengthening agrarian reform regulations that accommodate job relocation for affected communities; implementing tiered administrative and criminal sanctions; and digitalizing monitoring systems through GIS-based real-time supervision. Institutional strengthening of DLHK and a commitment to progressive agrarian reform are key to ensuring the permanent effectiveness of illegal landfill supervision.
subject: Articles
  topic: section
subject: Illegal Rowosari Landfill, Agrarian Reform, Effectiveness of DLHK Supervision, Social Function of Land, Environmental Law
  topic: keywords
creator: Rizka Laelya Feliza Feliza
rights: Copyright (c) 2026 Rizka Laelya Feliza Feliza (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-02
publication date: 2026-03-02
starting page: 327
ending page: 378
doi: 10.15294/jal.v3i1.42762

Legal Analysis of Inconsistencies in the Usage Rights Period Norms for Foreign Nationals in the UUPA & PP Number 18/2021
type: item
description: This study aims to analyze the substantive suitability of the provisions of Government Regulation No. 18 of 2021 concerning the 80-year time limit for foreign nationals' Right of Use in the perspective of the basic principles of national agrarian law. Through a normative juridical approach, this study applies a descriptive-prescriptive qualitative analysis to examine the issue in depth in order to determine the proportionality of the time limit to the spirit of the UUPA. The findings show that hierarchically, there is no textual inconsistency between the UUPA and PP No. 18 of 2021 because the UUPA philosophically does not specifically regulate the number of years for Right of Use, so that the stipulation of 80 years is a filling of a technical norm gap that is formally valid. This period has the potential to be inconsistent with the principle of nationality in Article 21 of the UUPA and the character of Right of Use as a temporary right, given that its duration is close to the total validity period of Right of Building Use for Indonesian citizens and allows for de facto control over strategic land through the imposition of Right of Lien. This study recommends harmonizing regulations by proportionally limiting the term of Use Rights for foreign nationals, for example to 45 years as stipulated in Government Regulation No. 40 of 1996, so as to continue providing legal certainty for investment without sacrificing the principles of agrarian justice and the protection of long-term national interests.
subject: Articles
  topic: section
subject: Right of Use; Foreign Nationals; Substantive Conformity; UUPA; Government Regulation No. 18 of 2021
  topic: keywords
creator: Putri Merlin Yoseva Sibuea
rights: Copyright (c) 2026 Putri Merlin Yoseva Sibuea (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-04
publication date: 2026-03-04
starting page: 465
ending page: 499
doi: 10.15294/jal.v3i1.42431

Letter C-Based Land Rights Verification in the Implementation of PTSL in Patemon Village
type: item
description: According to Article 19 of Law Number 5 of 1960 regarding the Primary Agrarian Laws (UUPA), land registration is an important tool for guaranteeing legal certainty and giving protection to land tenure. In the process of land registration, including the CSLR Programme (Complete Systematic Land Registration), the way of proving ownership on unregistered land is by reference to village administrative records (Letter C). This research will examine the validity of using Letter C in proving land ownership for the purposes of CSLR in Patemon Village, along with identifying issues and solutions to registering land in this manner. The research used is of a normative legal nature, using a Legislative Approach, supported by empirical studies involving case studies, and interviews with both village officials and the Land Office. The findings showed that although Letter C is not the same as Land Certificate, it can be utilised as an identity ( basis / title) for land ownership and can be added with additional documentation and needed to be confirmed by the relevant authorities for first-time registrations. Letter C is currently accepted as proof of land ownership in Patemon for the CSLR programme.
subject: Articles
  topic: section
subject: Letter C, Complete Systematic Land Registration (CSLR), Legal Certainty.
  topic: keywords
creator: Nabila Widji Maulidha
rights: Copyright (c) 2026 Nabila Widji Maulidha (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-11
publication date: 2026-03-11
starting page: 728
ending page: 765
doi: 10.15294/jal.v3i1.42223

Legal Resolution of the Land Dispute over Former Recht Van Eigendom of Taman Sriwedari Surakarta and the Solo City Government
type: item
description: Sriwedari Park in Surakarta is a cultural heritage area that has high historical and social value, but has experienced a prolonged land dispute since 1970. This study aims to analyze the settlement of the land dispute of the former Recht van Eigendom (RvE) Verponding No. 259 between the heirs of KRMT Wirjodiningrat and the Solo City Government. The object of the research is the process of converting colonial land rights into national rights based on the Basic Agrarian Law (UUPA), as well as the legal and policy dynamics surrounding the dispute. The research method used is an empirical juridical approach. The results of the study show that although the process of conversion of rights has been in accordance with the law through the issuance of Building Rights (HGB) No. 22 in 1965, the Solo City Government continues to control the land factually and issue the right of use unilaterally, even though it has been defeated in a series of court decisions to the level of review. Non-compliance with court rulings reflects weak law enforcement and the dominance of local political interests over citizens' property rights. This study concludes that dispute resolution requires political commitment from local governments, intervention from supervisory institutions, and administrative and juridical restitution of rights to heirs.
subject: Articles
  topic: section
subject: Land disputes, Recht van Eigendom, UUPA, Building Rights, law enforcement.
  topic: keywords
creator: Chelsy Naristya Utomo
creator: Asmarani Ramli
creator: Suhadi Suhadi
rights: Copyright (c) 2026 Chelsy Naristya Utomo, Asmarani Ramli, Suhadi Suhadi (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-02
publication date: 2026-03-02
starting page: 280
ending page: 326
doi: 10.15294/jal.v3i1.41789

Analysis of the Application Principle of Horizontal Separation in Jakarta LRT 1B Project: A Legal Review
type: item
description: This study elucidates the application of the principle of horizontal separation in land acquisition for the Jakarta LRT Phase 1B Project and how it affects legal certainty for the parties involved. One of the main principles in the Basic Agrarian Law is the principle of horizontal separation, which separates land ownership from objects above and/or below it. The study applied a normative legal research method, employing both statutory and conceptual approaches, supported by an analysis of land acquisition policies for public interests. The outcomes of the study reveal that the application of the principle of horizontal separation applied to the Jakarta LRT Phase 1B project has not been fully consistent. This is especially true when assessing compensation for buildings and utilities standing on state land and land rights. Legal uncertainty and agrarian disputes may arise as a result of this inconsistency. To protect rights and legal certainty, this study uses the strengthening of technical standards for land acquisition that explicitly accommodate the doctrine of horizontal separation.
subject: Articles
  topic: section
subject: principle of horizontal separation; land acquisition; legal certainty; Jakarta LRT; agrarian law
  topic: keywords
creator: Urfani Syamuria Situmorang
rights: Copyright (c) 2026 Urfani Syamuria Situmorang (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-06
publication date: 2026-03-06
starting page: 500
ending page: 524
doi: 10.15294/jal.v3i1.41656

Effectiveness of Controlling Agricultural Land Conversion in the Puncak Tourism Area of Cisarua Subdistrict by the Bogor Regency National Land Agency from a Spatial Planning Law Perspective
type: item
description: The development of tourism in the Puncak area of Cisarua District has led to an increase in the conversion of agricultural land into residential areas and villas, which has the potential to conflict with the Regional Spatial Plan (RTRW). This study aims to analyze the effectiveness of controlling the conversion of agricultural land in the Puncak area from a spatial planning law perspective and to identify the factors causing land use inconsistencies. The method used is juridical-empirical with the support of spatial analysis through the technique of analyzing land use maps for 2020 and 2025 based on Google Earth imagery compared with the Bogor Regency RTRW (Local Regulation Number 1 of 2024). The results of the study show that there has been significant land conversion in agricultural and buffer areas, with a total area of non-compliance reaching 7,803 hectares. This reflects weak preventive supervision, limited post-grant control, and suboptimal integration of land and spatial planning data. This study recommends strengthening institutional coordination, integrating data systems, and tightening spatial planning compliance verification to support sustainable land management.
subject: Articles
  topic: section
subject: land conversion, spatial planning, land use control, National Land Agency
  topic: keywords
creator: Salvia Salsabila Putri Kastiady
rights: Copyright (c) 2026 Salvia Salsabila Putri Kastiady (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-08
publication date: 2026-03-08
starting page: 648
ending page: 690
doi: 10.15294/jal.v3i1.41336

Transisi dari Administrasi Pertanahan Tradisional ke Digital di Ponorogo
type: item
description: The digital transformation of land administration, as outlined in Government Regulation No. 18 of 2021, marks a strategic step toward modernizing Indonesia’s land registration system. This policy eliminates traditional land documents such as Letter C, Girik, and Petok D, replacing them with electronic certificates under the National Land System. This study aims to analyze the effectiveness of this transition in Ponorogo District, focusing on the legal, technical, and social barriers encountered during the document conversion process. Data were collected through in-depth interviews with BPN officials, village administrators, and Letter C users, employing a socio-legal approach and qualitative methods. Findings indicate that despite a strong legal basis, implementation is hindered by inadequate socialization, unprepared digital infrastructure, and land disputes due to overlapping historical data. An integrated data strategy, village official training, and participatory approaches are essential for a fair and inclusive transition.
subject: Articles
  topic: section
subject: Digitalization
  topic: keywords
subject: Land administration
  topic: keywords
subject: Land registration
  topic: keywords
creator: Rifki Pebriananta
rights: Copyright (c) 2026 Rifki Pebriananta (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-02
publication date: 2026-03-02
starting page: 247
ending page: 279
doi: 10.15294/jal.v3i1.41322

The Effectiveness of Agrarian Reform Policy in Improving the Welfare of Farmers in Beji Village, Gunungkidul
type: item
description: Farmers' poverty is a structural problem that still dominates rural areas, including Beji Village, Gunungkidul Regency. This study aims to analyze the factors that cause farmers' poverty and evaluate the implementation of agrarian reform policies in efforts to alleviate poverty in the agricultural sector. The research method used is legal sociology with a normative and empirical approach through interviews and field observations. The results of the study show that farmer poverty is influenced by the agroecological conditions of karst areas that are prone to drought, limited land ownership, low access to capital and technology, limited human resource quality, and weak management of agricultural production facilities. The implementation of agrarian reform policies in Beji Village has provided benefits in the form of land access for farmers, but has not been optimal in reducing poverty due to legal uncertainty over land and limited post-agrarian reform access regulations. Therefore, agrarian reform needs to be integrated with farmer empowerment policies in order to improve sustainable welfare.
subject: Articles
  topic: section
subject: agrarian reform, farmer poverty, Beji Village.
  topic: keywords
creator: Davina Nurfadilah
rights: Copyright (c) 2026 Davina Nurfadilah (Author) https://creativecommons.org/licenses/by/4.0
date: 2026-03-06
publication date: 2026-03-06
starting page: 565
ending page: 596
doi: 10.15294/jal.v3i1.41327

From Sprawl to Sky: Legal Barriers to Affordable Vertical Housing Amid Landed Home Preferences in Semarang
type: item
description: Public preference for landed housing in Semarang City poses a serious challenge to the development of affordable vertical housing, such as apartments. This article analyzes the factors influencing this preference and examines the legal regulations regarding landed housing in Indonesia, particularly in Semarang City. Through a normative legal approach and qualitative data, it is found that cultural factors, social status, land ownership, and minimal public awareness of landed housing influence the low public interest in apartments. Meanwhile, legal regulations regarding landed housing are scattered across various regulations and have not provided concrete solutions to the accessibility of affordable landed housing. Therefore, regulatory harmonization and responsive public policy interventions are needed to address the dynamic housing needs in urban areas like Semarang.
subject: Articles
  topic: section
subject: landed housing, landed housing, public preference, Semarang City, housing regulations
  topic: keywords
creator: Wei Jie Tan
creator: Aprilia Puspitasari Putri Legiman
creator: Aiman Abd Hakim
creator: Muhammad Azka Robbi
rights: Copyright (c) 2025 Wei Jie Tan, Aprilia Puspitasari Putri Legiman, Aiman Abd Hakim, Muhammad Azka Robbi (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 168
ending page: 184
doi: 10.15294/jal.v2i3.31128

Strata Title in Practice: Legal Review of Apartment Ownership in Pekalongan Under Law No. 20 of 2011
type: item
description: This research discusses the juridical aspects of apartment ownership with a focus on the implementation of the provisions of the Right of Ownership over Apartment Units (HMSRS) in Pekalongan City based on Law No. 20 of 2011 on Apartments. The background of this research arises from the issue of limited land in urban areas due to rapid population growth and urbanization, which encourages the need for alternative vertical housing such as apartments. Apartments have become a solution to the housing crisis, particularly for low-income communities (MBR), but the legal implementation in the region often does not fully align with national regulations. This study highlights that the management of Rusunawa in Pekalongan City is still carried out administratively with a rental system, without granting individual ownership rights as stipulated in the law. Through a normative juridical approach, this research examines the legal provisions regarding land status and assesses the extent to which regional regulations and field practices reflect national legal principles. The research results show a discrepancy between lex superior and lex inferior, which can cause legal uncertainty for residents. This research recommends a reformulation of regional policies, an active role for the National Land Agency (BPN) in legal recognition, and the importance of increasing public legal literacy to create a fair and sustainable apartment ownership system.
subject: Articles
  topic: section
subject: Apartments, Right of Ownership over Apartment Units, Pekalongan City, UU No 20 Tahun 2011
  topic: keywords
creator: Widiya Dwi Novarianti
creator: Aditya Kusuma Bharata
creator: Muhammad Faiz
creator: Priya Nair
creator: Kanya Suksawat
rights: Copyright (c) 2025 Widiya Dwi Novarianti, Aditya Kusuma Bharata, Muhammad Faiz, Priya Nair, Kanya Suksawat (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 185
ending page: 199
doi: 10.15294/jal.v2i3.31127

Vertical Housing for the Poor: Case Study of Kudu Block H Rusunawa in Semarang
type: item
description: This article presents a comprehensive analysis of Rusunawa Kudu Block H in Semarang City, Indonesia, using secondary data from reliable sources. It explores the broader goals of Simple Rental Flats (Rusunawa) within Indonesia’s national housing policy, focusing on the development of inclusive and affordable urban housing for Low-Income Communities (MBR). The study highlights Semarang as a key case due to its high population density and limited land for housing. Rusunawa Kudu is profiled as a strategic housing complex that improves living conditions for economically disadvantaged groups. Special attention is given to Block H, a recently added structure within the complex, examining its physical condition, residential use, and social development potential. The research uses a literature review and secondary data analysis, drawing on academic publications, government documents, and credible online media. However, limited public data on Block H’s condition and resident demographics constrains deeper analysis. Findings show that Rusunawa Kudu plays a vital role in addressing housing needs for MBR, and the development of Block H signals the local government’s commitment to expanding access to affordable housing. Nonetheless, the lack of transparency and data availability hinders effective monitoring and evaluation. The article concludes by stressing the need for better documentation and open access to public data on social housing projects. Such improvements are crucial for formulating more effective and sustainable housing and urban development policies.
subject: Articles
  topic: section
subject: Rusunawa Kudu, Low-Income Communities, Social Housing
  topic: keywords
creator: Muhammad Khoirul Anam
creator: Liam Harris
creator: Chen Jia
rights: Copyright (c) 2025 Muhammad Khoirul Anam, Liam Harris, Chen Jia (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 200
ending page: 216
doi: 10.15294/jal.v2i3.31124

Can Public Flats Bridge the Gap? Housing Solutions for Low-Income Residents in Brebes
type: item
description: The provision of adequate housing for low-income communities (MBR) in Brebes Regency is a significant challenge in the context of rapid economic and population growth. This article examines the dynamics of the development of Simple Rental Flats (rusunawa) as an affordable housing solution for MBR. Through a qualitative descriptive approach, this study explores government policies, challenges faced, and the potential of rusunawa in improving the quality of life of the community. The results of the study indicate that although rusunawa offers accessibility, security, and comfort, there are still obstacles in the socialization and understanding of the community regarding this facility. Therefore, further efforts are needed to improve public information and participation in rusunawa management. This study is expected to provide recommendations for policy makers to create more inclusive and sustainable housing solutions.
subject: Articles
  topic: section
subject: housing, low-income communities, rusunawa, government policy, quality of life
  topic: keywords
creator: Rina Waliya Nuraini
creator: Aprila Niravita
creator: Subhan Fikri Alimuddin
creator: Fatma Youssef
rights: Copyright (c) 2025 Rina Waliya Nuraini, Aprila Niravita, Subhan Fikri Alimuddin, Fatma Youssef (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 217
ending page: 233
doi: 10.15294/jal.v2i3.31122

Agrarian Reform as Housing Justice: Transforming Land for Equitable Flat Access in Cirebon
type: item
description: Land transformation through agrarian reform as an effort to ensure equitable access to adequate housing, particularly vertical housing (flats) in Cirebon. Agrarian reform is positioned not merely as land redistribution but also as a strategic instrument in providing housing for low-income communities. This approach aims to address land ownership inequality and enhance housing affordability through collaboration between the government and the public. The study demonstrates that agrarian reform can serve as an innovative solution to the housing crisis and social inequality in urban areas.
subject: Articles
  topic: section
subject: Agrarian Reform, Land Transformation, Housing Equity, Vertical Housing, Cirebon
  topic: keywords
creator: Aisha Al-Mahrouqi
creator: Ridha Rinduni
creator: Noah Williams
rights: Copyright (c) 2025 Aisha Al-Mahrouqi, Ridha Rinduni, Noah Williams (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-11-30
publication date: 2025-11-30
starting page: 234
ending page: 246
doi: 10.15294/jal.v2i3.31121

Broken Promises in Public Housing: Analyzing Functional Failure of Juwana Rusunawa, Pati
type: item
description: Rusunawa Juwana is a vertical housing project built in 2016 with a total budget of Rp28.9 billion, which came from the allocation of central government funds through the Ministry of Public Works and Public Housing (PUPR). The project was designed to be a housing solution for low-income communities, especially those affected by regular flooding in the Pati region of Central Java, with the hope of improving the quality of life of residents through safe, decent and affordable housing. However, within six years of its operation, the condition of the building suffered from various serious and significant damages, especially leaks on the roof and walls that caused mould and mildew, which not only disturbed the comfort of the residents but also had an impact on their health. This situation has led to low public interest in occupying the residential units, despite the low rent. This article aims to analyse in depth the causes of the malfunction of Rusunawa Juwana, using a descriptive qualitative approach sourced from secondary data, including media reports and relevant public documents. The analysis revealed that these failures were caused by a number of crucial factors, including poor technical planning and supervision in the development process, weak post-development monitoring systems that should ensure building quality and safety, and the lack of maintenance budgets allocated by local governments after management responsibilities were handed over from the central government.
subject: Articles
  topic: section
subject: Rusunawa, building leakage, public housing, asset management, Pati
  topic: keywords
creator: Ardiyanti Julia Maharani
rights: Copyright (c) 2025 Ardiyanti Julia Maharani (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 153
ending page: 168
doi: 10.15294/jal.v2i2.31120

Public Flats for the Poor? Legal Review of Cingised Rusunawa’s Effectiveness in Bandung
type: item
description: Rapid population growth and limited land in urban areas have encouraged the government to develop vertical housing solutions such as Simple Rental Flats (Rusunawa), one of which is Rusunawa Cingised in Bandung City. The presence of Rusunawa aims to provide decent, safe, and affordable housing for Low-Income Communities (MBR), as well as being part of the city planning strategy, but its implementation in the field still causes various problems, both from legal, social, economic, and technical management aspects. This study aims to explain the legal provisions regarding Rusunawa and examine the effectiveness of utilizing Rusunawa Cingised as a solution for providing housing for MBR. The research method used is normative legal research with a qualitative approach through literature studies, based on secondary data from laws and regulations, books, journals, and related documents. The results of the study show that legally the development of Rusunawa has been supported by various regulations, especially Law Number 20 of 2011 concerning Flats. In practice, Rusunawa Cingised has also made a significant contribution in providing affordable alternative housing amidst limited urban land. However, in terms of the effectiveness of its utilization, Rusunawa Cingised still faces obstacles, although social programs have been designed, implementation in the field has not been fully optimal, both in terms of infrastructure maintenance, resident involvement, and sustainability programs. Therefore, synergy is needed between legal policies, professional management, local government support, and active community participation in order to make Rusunawa an effective and sustainable housing solution for MBR in urban areas.
subject: Articles
  topic: section
subject: Rusunawa, Low Income Community (MBR), Effectiveness
  topic: keywords
creator: Alega Alega
creator: Joshua Hadimulyo
rights: Copyright (c) 2025 Alega Alega, Joshua Hadimulyo (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 131
ending page: 152
doi: 10.15294/jal.v2i2.31119

Unfulfilled Promises: Analyzing Delayed Strata Title Certificates Under Indonesia’s Apartment Law in Surabaya
type: item
description: The delay in issuing Certificate of Ownership for Apartment Units (SHMSRS) by apartment developers in Surabaya has become a chronic issue harming consumers. This study analyzes developers' obligations under Law No. 20 of 2011 on Apartment Buildings and legal remedies available for apartment owners. The research employs a normative juridical approach with case studies on Surabaya apartment projects experiencing SHMSRS delays. Findings indicate that developers are legally required to issue SHMSRS after construction completion and full payment, but enforcement remains weak due to bureaucratic hurdles, developers' financial constraints, and lack of oversight. Apartment owners can pursue litigation (civil lawsuits or class actions) or non-litigation avenues (via Consumer Dispute Resolution Agency/BPSK, Financial Services Authority/OJK, or related agencies). Strengthening inter-agency coordination, streamlining procedures, and empowering consumers are essential to ensure developer compliance.
subject: Articles
  topic: section
subject: apartment developers, Apartment Law, consumer protection
  topic: keywords
creator: Rifki Pebriananta
creator: Rizki Febrian Lesmana
creator: Zudan Ahmad Zulfikar
rights: Copyright (c) 2025 Rifki Pebriananta, Rizki Febrian Lesmana, Zudan Ahmad Zulfikar (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 115
ending page: 130
doi: 10.15294/jal.v2i2.31118

Industrial Growth, Housing Gaps: Assessing Flat Needs for Workers (Case of Pringapus, Indonesia)
type: item
description: This study aims to analyze the needs and planning of flats for workers in the industrial area of ​​Pringapus District, Semarang Regency. Along with the development of the industrial sector in this area, the demand for decent housing for workers is increasing, but has not been balanced by the provision of flats that are in accordance with their needs. Based on demographic data and labor density in the area, this study will identify the conditions of housing needs as well as technical, social, and environmental aspects that need to be considered in planning decent and sustainable flats. The main focus of this study is how an effective flat planning model can be applied, taking into account the economic limitations of workers and the need to create a safe and comfortable residential environment. The method used in this study is normative legal research, which includes an analysis of laws and regulations, government policies, and relevant literature on flat planning for workers in industrial areas. The results of this study are expected to provide recommendations for better planning and construction of flats in the Pringapus industrial area, as well as support government policies in providing affordable and decent housing for workers.
subject: Articles
  topic: section
subject: Flats, Industrial Workers, Housing Planning, Pringapus District, Industrial Area
  topic: keywords
creator: Elvana Akar Yoga Elsisi Suanti
creator: Karim Amrullah
rights: Copyright (c) 2025 Elvana Akar Yoga Elsisi Suanti, Karim Amrullah (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 89
ending page: 114
doi: 10.15294/jal.v2i2.31117

Who Owns What? Legal Analysis of Unit Ownership in Solo Urbana Residence under Indonesian Land Law
type: item
description: The development of vertical housing in Indonesia is increasing rapidly along with the increasing needs of urban communities for practical and strategic places to live, one of which is through the construction of apartments. However, behind this phenomenon, there are important issues related to the ownership of apartment units in the perspective of Indonesian land law. This article discusses juridically the form of ownership of apartment units through the mechanism of Property Rights on Flat Units (HMSRS), with a case study of Solo Urbana Residence in Surakarta City. In addition, this article also reviews the legal requirements that must be met so that the ownership status of an apartment unit can be considered valid, as well as how legal protection is provided to unit owners in the event of a dispute, both in the administrative, civil and criminal realms. By using normative juridical method and qualitative approach to regulations and legal literature, this article aims to provide understanding to the public to be more vigilant and understand their legal rights in apartment transactions.
subject: Articles
  topic: section
subject: Flat Unit Ownership Rights, Apartment Ownership, Legal Protection
  topic: keywords
creator: Nadya Ivi Oktaviani
rights: Copyright (c) 2025 Nadya Ivi Oktaviani (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-07-30
publication date: 2025-07-30
starting page: 77
ending page: 88
doi: 10.15294/jal.v2i2.31116

Securing the Right to Housing: Legal Review of Rusunawa on Local Government Land in Brebes
type: item
description: The development of low-cost rental apartments (Rusunawa) is a government initiative aimed at providing decent housing for low-income communities (MBR), especially in areas with high urbanization rates such as Brebes Regency. However, the utilization of regional government-owned land for the construction of Rusunawa raises legal issues regarding ownership status and residents' housing rights. This study aims to examine the legal provisions surrounding the use of state/regional land for apartment development, as well as the form of ownership or housing rights granted to residents of public apartments built on such land. The research adopts a normative legal method with a descriptive-analytical approach, using primary data from statutory regulations and secondary data from field observations at the Brebes Rusunawa. The findings reveal that the land remains the property of the regional government and cannot be transferred to residents. Thus, residents are granted only temporary rental rights through agreements with the local government. These rights are non-permanent, non-inheritable, and non-transferable—unlike the Ownership Certificate of Strata Title Units (SHMSRS). Accordingly, legal regulations in Brebes affirm that housing rights in Rusunawa are temporary and based solely on lease agreements, in accordance with the Regent Regulation and Government Regulation on the Management of Regional Assets.
subject: Articles
  topic: section
subject: Public housing, regional land, lease
  topic: keywords
creator: Aulia Pebriyani
rights: Copyright (c) 2025 Aulia Pebriyani (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-03-30
publication date: 2025-03-30
starting page: 65
ending page: 76
doi: 10.15294/jal.v2i1.31102

State Land, Private Homes: Legal Implications of Public Apartment Ownership in Bandung
type: item
description: The construction of flats is carried out to accommodate people who do not have large land. The land that is the location for the construction of flats currently has ownership rights, building use rights, and use rights. Law Number 20 of 2011 (Law on Flats) regulates, considering that land rights to build flats are limited, especially in facilitating low-income people. However, the construction of flats on land owned by the government or regions still has many obstacles, so it has not been implemented. This study uses a descriptive analytical methodology with a normative legal approach. Library research data is analyzed qualitatively normatively. Based on the results of the study, the government is tasked with utilizing state or regional land in the form of land to build public flats. There are various challenges in providing public flats, both owned and rented. The government plans to issue a Building Ownership Certificate (SKBG) for Flat Units to overcome the obstacles to the demand for public flats. The flats were built as a pilot project in the city of Bandung. Since the implementing regulations for the SKBG Sarusun have just been issued, it is currently impossible to prove ownership of the SKBG Sarusun for public flats on land owned by the government or local government. Therefore, implementing instructions must be issued immediately.
subject: Articles
  topic: section
subject: Flats; SKBG Sarusun; BMN/D Land
  topic: keywords
creator: Siti Aminah Abdul Azis
creator: De Atika Kanzu
creator: Kartika Putri Handoyo
rights: Copyright (c) 2025 Siti Aminah Abdul Azis, De Atika Kanzu, Kartika Putri Handoyo (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-03-30
publication date: 2025-03-30
starting page: 49
ending page: 64
doi: 10.15294/jal.v2i1.31101

Demolished and Displaced: Legal Protection for Flat Owners in Uninhabitable Buildings, West Jakarta
type: item
description: The rise in the construction of apartment buildings as a solution to limited land and housing needs in urban areas is not accompanied by comprehensive legal regulations, particularly regarding demolition and unit owner rights. In this context, demolition is part of an effort to improve building quality, but it often creates legal uncertainty and losses for unit owners, especially if the building is demolished due to aging without clear compensation. This research uses a normative method with a regulatory and legal theory approach to analyze developer responsibilities, apartment owner rights, and ideal forms of legal protection. The study results indicate a regulatory gap regarding compensation and protection for unit owners after demolition. Therefore, strengthening the legal system is necessary to guarantee comprehensive protection, including technical regulations for demolition, provision of temporary housing, and fair and proportional compensation mechanisms.
subject: Articles
  topic: section
subject: legal protection, apartment buildings, demolition, developers, compensation
  topic: keywords
creator: Windiahsari Windiahsari
creator: Eva Cornelia Putri
creator: Zean Nicholas Dharmaputra
rights: Copyright (c) 2025 Windiahsari Windiahsari, Eva Cornelia Putri, Zean Nicholas Dharmaputra (Author) https://creativecommons.org/licenses/by/4.0
date: 2025-03-30
publication date: 2025-03-30
starting page: 33
ending page: 48
doi: 10.15294/jal.v2i2.31100